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The document ceased to be valid since  August 14, 2015 according to Item 2 of the Resolution of the Cabinet of Ministers of Ukraine of  July 29, 2015 No. 537

RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of September 17, 2014 No. 455

About approval of the Regulations on Public service of financial monitoring of Ukraine

Cabinet of Ministers of Ukraine decides:

Approve Regulations on Public service of financial monitoring of Ukraine which are applied.

Prime Minister of Ukraine

A. P. Yatsenyuk

 

Approved by the Resolution of the Cabinet of Ministers of Ukraine of September 17, 2014 No. 455

Regulations on Public service of financial monitoring of Ukraine

1. Public service of financial monitoring of Ukraine (Gosfinmonitoring) is the central executive body which activities go and coordinated by the Cabinet of Ministers of Ukraine through the Minister of Finance and income gained in the criminal way realizing state policy in the sphere of prevention and counteraction of legalization (washing) or to terrorism financing.

2. State financial monitoring in the activities is guided by the Constitution and the laws of Ukraine, presidential decrees of Ukraine and resolutions of the Verkhovna Rada of Ukraine adopted according to the Constitution and the laws of Ukraine, acts of the Cabinet of Ministers of Ukraine, other acts of the legislation.

3. The main objectives of Gosfinmonitoring are:

1) realization of state policy in the sphere of prevention and counteraction of legalization (washing) of income gained in the criminal way or to terrorism financing;

2) submitting for examination of the Minister of Finance of offers on ensuring forming of state policy in the sphere of prevention and counteraction of legalization (washing) of income gained in the criminal way or to terrorism financing;

3) collection, processing and carrying out information analysis about the financial transactions which are subject to financial monitoring, other financial transactions or information which can be connected with suspicion of legalization (washing) of income gained in the criminal way or terrorism financing;

4) creation and ensuring functioning of single state information system in the sphere of prevention and counteraction of legalization (washing) of income gained in the criminal way or to terrorism financing.

4. State financial monitoring according to the tasks assigned to it:

1) generalizes practice of application of the legislation on the questions which are within its competence develops suggestions for improvement of legal acts, acts of the President of Ukraine, the Cabinet of Ministers of Ukraine, regulatory legal acts and represents them in accordance with the established procedure to the Minister of Finance;

2) gives to executive bodies, local government bodies, subjects of managing requests on receipt of information (including copies of documents, it confirming), necessary for accomplishment of the tasks assigned to it;

3) cooperates with executive bodies, other state bodies which activities are connected with prevention and counteraction of legalization (washing) of income gained in the criminal way or to terrorism financing;

Gives 4) in the presence of good causes to believe that financial transaction or set of the financial transactions connected among themselves can be connected with legalization (washing) of income gained in the criminal way, or terrorism financing, to law enforcement agencies authorized to make decisions  according to the penal procedural legislation, and also prospecting bodies for carrying out operational search activities the corresponding generalized materials, the additional generalized materials and obtains from them information on the course of their consideration;

Represents 5) in case of availability of good causes to suspect that financial transaction or person is connected with making of the act determined by the Criminal code of Ukraine that does not concern legalizations (washing) of income gained in the criminal way or terrorism financings, the generalized materials to the relevant law enforcement or prospecting organ;

6) participates in international cooperation concerning prevention and counteraction of legalization (washing) of income gained in the criminal way or to terrorism financing, in particular:

signs in the procedure established by the legislation the international contracts of interdepartmental nature with relevant organs of other states concerning cooperation in the sphere of prevention and counteraction of legalization (washing) of income gained in the criminal way or to terrorism financing;

performs international cooperation with relevant organs of foreign states regarding experience exchange and information in the sphere of prevention and counteraction of legalization (washing) of income gained in the criminal way or to terrorism financing;

provides cooperation with Group on development of financial measures of anti-money laundering (FATF) and other international organizations which activities are aimed at providing international cooperation in the sphere of prevention and counteraction of legalization (washing) of income gained in the criminal way or to terrorism financing;

7) is carried out by the analysis of methods and financial schemes of legalization (washing) of income gained in the criminal way or terrorism financings;

8) generalizes information on condition of implementation by state bodies of measures for counteraction of legalization (washing) of income gained in the criminal way or to terrorism financing;

9) develops drafts of regulatory legal acts in the sphere of prevention and counteraction of legalization (washing) of income gained in the criminal way or to terrorism financing, namely:

determination of forms of accounting and submission of information connected with carrying out financial monitoring, and procedure for their filling;

determination of form and structure of the generalized materials containing the bases for adoption of the decision by law enforcement agencies according to the Code of penal procedure of Ukraine and also for carrying out operational search activities by law enforcement and prospecting agencies;

determination of the notification procedure of subjects of primary financial monitoring about the fact of the beginning of pre-judicial investigation (or the fact of closing of criminal proceedings during pre-judicial investigation) according to their messages and provisions of information on the decisions made by courts on such criminal proceedings;

determination of procedure for bringing to data of subjects of primary financial monitoring of the list of the faces tied with implementation of terrorist activities or concerning which the international sanctions are applied;

scoping and procedure for provision to subjects of the state financial monitoring of information for increase in efficiency of implementation of supervision of observance by subjects of primary financial monitoring of requirements of the legislation in the sphere of prevention and counteraction of legalization (washing) of income gained in the criminal way or to terrorism financing;

determination of procedure for coordination of submission due date by subjects of primary financial monitoring of information requested by Gosfinmonitoring;

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